Audio Services Division Decisions IMPORTANT NOTE:
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                     FEDERAL COMMUNICATIONS COMMISSION
                          WASHINGTON, D.C. 20554

     In Reply Refer To: 1800B3-JR

Eric S. Kravetz, Esq.
Brown Nietert & Kaufman
Suite 660
1920 N Street, N.W.
Washington, D.C.  20036

     In re:     WHRF(AM), Bel Air, MD
     Assignment of License
     File No. BAL-941121ED
     Petition for Reconsideration

Dear Mr. Kravetz:

We have under consideration a petition for reconsideration filed on February 16, 1996 on
behalf of CSN International ("CSN"), proposed assignee of station WHRF(AM), Bel Air,
Maryland.  In the petition, CSN seeks reconsideration of the action dismissing the captioned
application to assign the license of Station WHRF(AM) from New Hardford Group, Inc. to
CSN.   See Letter to Eric S. Kravetz, Esq. from the Chief, Audio Services Division, Mass
Media Bureau, December 7, 1995 (reference 1800B3-EEB) ("dismissal letter").  The
reconsideration petition will be dismissed as untimely.

Public Notice of the dismissal of the WHRF(FM) (AM) assignment application was given
December 12, 1995.  See Report No. 43648, page 7.  Pursuant to 47 U.S.C. 405(a) and 47
C.F.R. 1.104(b), the deadline for filing a reconsideration petition was thirty days thereafter.
Due to the closure of the Commission in December 1995 and January 1996 for budgetary and
weather factors, the deadline for seeking reconsideration here was extended until January 16,
1996.  Even so, the reconsideration petition was filed one month late.

The Commission is generally without authority to extend or waive the 30-day filing period for
petitions for reconsideration specified in 405 of the Communications Act of 1934, as
amended, 47 U.S.C. 405.   Commonwealth Telephone Companies et al., 2 FCC Rcd 5299,
5301 (1989); American Broadcasting Companies, Inc. (KGO-TV), 86 FCC 2d 1 (1981).  See
also Reuters, Ltd. v. F.C.C., 781 F. 2d 946, 946-52 (D.C. Cir. 1986).  It may consider a late-
filed reconsideration petition only under "extraordinary circumstances" where (1) the late
filing was due to the agency's failure to provide notice and the text of the action in violation
of its own rules and the Administrative Procedure Act, and (2) a party acts diligently and with
dispatch to prepare and submit a petition after learning of the action for which reconsideration
is sought.  Gardner v. F.C.C., 530 F. 2d 1086, 1091-92 (D.C. Cir. 1976).  These
circumstances are not present here.  

We note, however, that the parties may simply refile the application to assign Station
WHRF(AM) from New Hardford Group, Inc. to CSN, and CSN may thereafter tender a
modification application pursuant to 47 C.F.R. 73.3517(a).  

Accordingly, in light of the above and pursuant to 47 C.F.R. 0.283, the petition for
reconsideration filed February 16, 1996 on behalf of CSN International IS DISMISSED.


     Sincerely,


     Linda Blair, Chief
     Audio Services Division
     Mass Media Bureau

cc:  CSN International
           New Hardford Group, Inc.              

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